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Google users in UK to lose EU data protection – sources
- Havoc 7y agoThat would seem pretty self-evident, no?
- rwmj 7y agoNo. During the current transition period there's a treaty which (to paraphrase the situation greatly) causes the UK to be treated as if it was in the EU. What happens when that ends (on 31st Dec 2020) is not yet clear, despite the large amounts of noise being made by the UK government. It will depend on what deal if any is struck before then.
- barnaclebuster 7y agoIt's much more likely to depend on what UK legislation is in force. Right now there is UK legislation to enact GDPR and that does not simply disappear because the UK left the EU. Unless new laws are passed, whatever is on the UK statute books remains unaltered.
- g_p 7y agoIndeed - the Data Protection Act (2018) effectively is the GDPR, by updating existing data protection legislation. Indeed, some parts of it are referenced against the GDPR itself, e.g. paragraph 157 on penalties.
- PaulRobinson 7y agoThe article calls out that Google are betting that they will introduce new laws with lower protections to get trade deals with the US, and so they're getting ready for that now. That is not a bad bet given briefings from Downing Street on trade deals.
- duedl0r 7y ago"Ha ha!" Nelson Muntz
- lopmotr 7y agoIt makes the UK like the rest of the world. Are you mocking the rest of the world (including USA) for not wanting to copy EU laws?
- arrivance 7y agoPer Wikipedia [1]: Under section 3 of the European Union (Withdrawal) Act 2018,[2] the GDPR will be incorporated directly into domestic law immediately after the UK exits the European Union. [1]: https://en.wikipedia.org/wiki/Data_Protection_Act_2018 https://en.wikipedia.org/wiki/Data_Protection_Act_2018 [2]: http://www.legislation.gov.uk/ukpga/2018/16/section/3/enacted http://www.legislation.gov.uk/ukpga/2018/16/section/3/enacte...
- jason0597 7y agoSo much for "we get to write our own laws" as per the Brexiteers. We'll just copy paste EU laws! I wonder how long it will take for those laws to be removed
- blibble 7y agowhat exactly did you expect on day 1: a complete redesign of hundreds of thousands of pages of laws? over time UK law will diverge from EU law (in the same way that US law diverged from UK law after 1776)
- Barrin92 7y agoUK law won't diverge from EU law if the consequence is loss of access to or friction with the European common market. The difference between the UK and the US in your comparison is that the US turned into the world's largest economy and sole superpower. The UK's economy is smaller than that of California. Realistically you can only write your own laws if you're the top dog.
- lopmotr 7y agoThey obviously can change them whenever they want. So no.
- lenkite 7y agoWe still follow several British laws in India 70+ years after independence. Unless, there is a demonstrable political benefit, old laws generally stay on the books.
- thinkingemote 7y agoThe UK has all the EU laws it had before Brexit. It needs a new law in the UK to remove existing things. UK will not lose protection until the UK decides upon it.
- Seenso 7y ago> The UK has all the EU laws it had before Brexit. It needs a new law in the UK to remove existing things. UK will not lose protection until the UK decides upon it. Not quite all of EU law will be retained: https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-8375 https://researchbriefings.parliament.uk/ResearchBriefing/Sum...: > [T]he UK is specifically not retaining: > * the Charter of Fundamental Rights of the European Union; > * the legislative instruments known as EU directives themselves (as opposed to the legislation implementing them or rights and obligations under them, which will be retained); > * the principle of supremacy of EU law (for prospective legislation); and > * the Francovich principle of state liability (in relation to post exit facts).
- kzrdude 7y agoExiting the jurisdiction of European Court of Justice should be a rather big change in theory as well
- irthomasthomas 7y agoBritain never was bound by the EU Charter of Fundamental Rights. Read the small print.... Protocol 30: ON THE APPLICATION OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION TO POLAND AND TO THE UNITED KINGDOM... 1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms. 2. In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law. Article 2 To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom.
- ReptileMan 7y agoOne can only hope. Big EU initiatives are two types - first prove that road to hell is paved with good intentions, the other are similar to Herod reforming the preschool industry in Bethlehem. GDPR is nightmare that has not improved anything except now we have to click for both cookies and GDPR form. I don't feel protected by it, mostly annoyed. And a lot of sites did the smart thing - just cut off access for EU ips - thanks Brussels.
- qmmmur 7y agoAnd that you are legally culpable for violating it's terms.
- ReptileMan 7y agoI am talking from consumer perspective - nothing improved.
- goatinaboat 7y agoThis is true. GDPR has proved to be completely toothless. Flagrant offenders flaunt it brazenly. The much-vaunted 4%-of-turnover fines have never once been enforced.
- Gwypaas 7y agoI think this is mostly the difference between American and EU regulation and enforcement. It seems like US institutions like to take a big player, make a huge case and then hope everyone else is scared enough to follow. In EU on the other hand the first inquiry would be validate the practices, allow corrections and if they aren't timely start stepping up the fines. In the end you end up with the huge cases like for example the browsers or Apple tax payment and by that time you have a law with regulations and previous judgements to stand on creating a system that's hopefully understandable and easy enough to follow for the regular user with good intentions.
- GordonS 7y ago
- itqwertz 7y agoDoes this mean the end of the cookies pop ups?
- tempestn 7y agoNo, since the whole world gets to live with those stupid things.
- tgsovlerkhgsel 7y agoMany sites geocode them. If you are outside the EU (+ "close enough" countries like Switzerland, Norway, ...) and think you're getting a lot, you'd be getting a lot more in the EU.
- swebs 7y agoI rarely ever see them while in the USA, or using a USA VPN.
- fmajid 7y agoUS courts have ruled sites are not even bound by their own privacy policies. They do not have to even pretend to seek consent.
- osrec 7y agoThose were the most poorly conceived things in the history of tech legislation. They literally solved nothing.
- gowld 7y ago> Google is planning to move its British users’ accounts out of the control of European Union privacy regulators, placing them under U.S. jurisdiction instead, sources said. Did the author mean "US", or "UK? This article seems confused. I don't think the author knows what they are writing about.
- Seenso 7y ago> Did the author mean "US", or "UK? > This article seems confused. I don't think the author knows what they are writing about. They meant US, and the authors clearly weren't confused: > If British Google users have their data kept in Ireland, it would be more difficult for British authorities to recover it in criminal investigations. > The recent Cloud Act in the United States, however, is expected to make it easier for British authorities to obtain data from U.S. companies. Britain and the United States are also on track to negotiate a broader trade agreement.
- lonelappde 7y agoBut the UK still has jurisdiction over companies the operate in the EU.
- YetAnotherNick 7y agoWhat exactly are the EU protections that I don't get as an non EU citizen? I thought most companies applied EU laws like data deletion and data download(at leas Google did afaik) worldwide.
- bhickey 7y agoThe GDPR applies to residents, not citizens.
- 101404 7y agoBoth.
- bhickey 7y agoThis simply isn't true. The GDPR cares about where you are and where you reside, not who you are. I live in the United States and hold Irish citizenship. The GDPR does not apply to me (unless I were to visit the EU.) https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-living-in-the-us/ https://www.hipaajournal.com/does-gdpr-apply-to-eu-citizens-... https://www.dyspatch.io/blog/gdpr-location-or-citizenship/ https://www.dyspatch.io/blog/gdpr-location-or-citizenship/
- scoot 7y agoIt applies to EU residents regardless of where the data processor is located, and anyone anywhere whose data is processed by an EU based company (or the EU subsidiary of a multinational): https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/application-regulation/who-does-data-protection-law-apply_en https://ec.europa.eu/info/law/law-topic/data-protection/refo...
- scarejunba 7y agoThat entire domain is an "Under Construction" page (which I didn't think I'd ever see again this century).
- thefounder 7y agoWe will get Boris protection!
- DyslexicAtheist 7y agowe'll get exactly what we deserve
- squiggleblaz 7y agoDemocracy works slowly. You don't get what you deserve at each election. Indeed, you can get utter slime without realising it till later.
- adamcharnock 7y agoHow precisely does Google determine which of its users are UK users? For example, I lived in the UK when I opened my Google account(s), but now I live in Portugal. Do I need to inform Google of this somehow. Do they look at my payment information, or at my recent logins? I certainly cannot see any 'what country do you live in' options in my account settings. I'd certainly prefer to keep any EU data protections should I have the choice.
- andy_ppp 7y agoThey literally know what colour your front door is, let alone which country you are currently in...
- Symbiote 7y agoAt some point (I can't remember how, or if my action had anything to do with it) the Google Play Store changed from pounds to Danish crowns. I assume that means my account now counts as Danish.
- swebs 7y agoMost sites use geolocation by IP address.
- foxx-boxx 7y agoPathetic. People in the UK can make any legislation they want now.
- foxx-boxx 7y agoIt feels like germans pushed this law in order to hide their tendencies from the rest of the world, like Hitler’s “Mein Kampf” is by far the most popular book among Germans. Ditch the EU altogether, it’s just a market for German goods.
- Proven 7y agoHaha, that is completely ridiculous!! Such loss!
- Koremat6666 7y agoThis is not a big deal, this gives UK freedom to make their own laws more suitable to UK rather than laws made in Brussels. In a twist to the headline we could also say tech companies around the world are in a better position to push their innovations in UK without the red tape of EU.
- darkwater 7y agoSo, what can all the pro-FB/Google shills say about this? Wasn't GDPR, according to them, a god-send for Google, FB and Big Tech because smaller companies cannot possibly comply, while they can easily do? If that were true, why are they moving their users out of GDPR reach at the first chance?
- dazc 7y ago...because smaller companies cannot possibly comply, while they can easily do? Smaller companies don't really need to comply since the possibility of prosecution is negligible. Big companies do because the possibility of prosecution is almost certain.
- neilwilson 7y agoI'm pretty certain the article is misinformed. The GDPR transfer regime still applies in the UK, as it does in the EU. Google would have to implement the "Privacy Shield" mechanisms by which EU or UK data can be transferred legally to the US. The law in the UK remains the same as the EU. There is no divergence at present. If Google has got the Privacy Shield system set up, then any EU or UK data can be transferred to it. Chapter 5 of The Data Protection Act 2018 refers http://www.legislation.gov.uk/ukpga/2018/12/part/3/chapter/5 http://www.legislation.gov.uk/ukpga/2018/12/part/3/chapter/5
- PaulRobinson 7y agoThe article explicitly states Google is pre-empting the UK diverging significantly from EU law in order to get a trade deal with the US. I don't think that's a bad bet given that Downing Street is keen to make clear food standards and the NHS are also up for grabs. If anything, data protection is so badly understood as being important to ministers, it would not surprise me if they trade it away in order to protect food standards and the NHS because they're more prevalent in the headlines and scarier to the over-50s that predominantly voted for Brexit and this government.
- squiggleblaz 7y agoIt's true, it's weird the NHS should be up for grabs considering it's older people who would be most hurt by changes to the NHS who voted for the Brexit. But it's also a bit weird. I mean, I guess the issue with the NHS is drugs. Australia has long had policies the US doesn't like, like the single purchaser PBS and parallel imports. But we still have a FTA with the US.
- neilwilson 7y agoThe NHS isn't up for grabs, never has been and never will be. It's just a scare story with zero foundation. Classic truth by repeated assertion.
- 7y ago
- w_t_payne 7y agoThis move will make it considerably easier for influence shops to shape public opinion in the UK and could help open up e.g. healthcare markets which are currently closed.
- andyjpb 7y agoGiven that the UK is "intending" to follow GDPR and, for now, it is still enshrined in UK law, this initially seems like a bit of a sensationalist scare piece. However, the lede is somewhat buried: “There’s a bunch of noise about the U.K. government possibly trading away enough data protection to lose adequacy under GDPR, at which point having them in Google Ireland’s scope sounds super-messy,” Kissner said. It's possible that, over time, the UK will adjust its laws and lose EU "adequacy". This currently seems unlikely so the game, from Google's point of view, is to work out whether to move out early and cause a sensation or to wait until it happens (if it happens) and then make a rush then. It's complicated because things may change gradually, over a long period of time, and there may be some things that are advantageous earlier or later. Also, Google might not want to put itself in a position where it appears to be trying to influence British law: "if you change that particular thing, we'll move out". If they do it up-front under the guise of Brexit then they put themselves in the best possible position to use the data as they wish (within whatever law applies) and avoid such accusations later. This is complex and involves a lot of game theory.
- rezeroed 7y agoGoogle to lose users in UK.
- ptah 7y agoUK is going from an influential partner in the EU to a US vassal state pretty quickly
- lm28469 7y agoThey're kind of used to it, they went from the most powerful empire in the world to a tiny island without much going on for them in like 300 years, not sure how much lower they could go at that point, I guess Ireland &co could get independent in the near future. At least they have their own independence day now.
- Jestar342 7y agoUK will breakup soon. It's quite possible there will be a (separate) Great Britain and Ireland in our life times, maybe even a separate Scotland, too. "England & Wales" would be all that's left. "E-double-U". Heh.
- fmajid 7y agoThey’ve been since Suez in 1956.